Morgan McCaffrey, Plaintiff Below, Appellant v. City of Wilmington — Strine, J., Concurring in Part and Dissenting…

Summary

Chief Justice Strine concurred in part and dissented in part, agreeing that wanton negligence is a demanding standard but concluding that the record presented a triable issue regarding Chief Szczerba's responsibility for the police department's disciplinary system. He reasoned that repeated warning signs concerning Officer Spencer's alcohol use, dangerous conduct, and preferential treatment by fellow officers could support an inference of institutional indifference rather than mere lack of knowledge. The majority disagreed and concluded that summary judgment was proper.